Search Results

1. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 40 ACR 118/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ALEXANDRA HODGSON Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND AFFCO HOLDINGS LIMITED Second Respondent Hearing: 23 November 2023 Heard at: Wellington / Whanganui-A-Tara Appearances: M...

2. Thomas v Accident Compensation Corporation (Mental Injury) [2023] NZACC 103 [pdf, 310 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 103 ACR 206/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LEASA THOMAS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 June 2023 Held at: Hamilton/Kirikiriroa Appearances: A Carlyle for the Appellant J Sumner for the Accident Compensation Corporation (“th...

3. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   NELSON-MARLBOROUGH FISH AND GAME COUNCIL TOPIC 13 WATER QUALITY IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 239 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN NELSON-MARLBOROUGH FISH AND GAME COUNCIL (ENV-2020-CHC-35) … (continued on separate page) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Ha...

4. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...the correct jurisdiction but she must establish the threshold for the imposition of a penalty under s 4A; in her case, there is no other compensatory option. Previous cases / commentaries [16] On a number of occasions, this Court and the Court of Appeal have touched on the issue as to whether general damages are available to address a breach of the duty of good faith. In each case, the Court found either that no breach had occurred or, because a personal grievance was raised, other...

5. [2010] NZEmpC 26 Gates v Air New Zealand Ltd [pdf, 30 KB]

   ...clearly set out in Mr Thompson’s memorandum which has been served on Mrs Gates. That memorandum also contains an accurate summary of the principles governing the Court’s discretion to award costs and cites the three decisions of the Court of Appeal from which those principles are derived. This proceeding has now been before the Court for more than 5 years. For the last 4 years or so, Mrs Gates has been a litigant in person. During that time, she has been granted numerous ind...

6. [2013] NZEmpC 48 Wareing v Tyco New Zealand Ltd [pdf, 76 KB]

   ...suggestion of responsibility for his unfortunate circumstances being Mr Wareing’s personally. [6] As has no doubt been said before, the 28 day period under s 179 within which to challenge an Authority determination as of right is, if not the shortest appeal period in New Zealand law, then amongst such periods. It is, effectively, shorter than 28 days because the period runs from the delivery by the Authority of its determination rather than its receipt by the parties which may be...

7. Eru v Kīngi - Whakapoungakau 24 (2014) 101 Waiariki MB 1 (101 WAR 1) [pdf, 126 KB]

   ...replacement trustees is also discussed in this decision. Discussion Background [5] I note that proceedings concerning this land have been before the courts since 2009 and have travelled from this to the Māori Appellate Court, the Court of Appeal and now the Supreme Court of New Zealand. There is the likelihood therefore that if the meeting procedure is in some way defective or suspect further challenges may be made. It is thus essential that the meeting arrangements...

8. Naera v Fenwick - Whakapoungakau 24 Block (2012) 47 Waiariki MB 9 (47 WAR 9) [pdf, 141 KB]

   ...may not be easily married. Beneficiaries may support certain clauses from 4 Ruapuha and Uekaha Hapu Trust v Täne - Hauturu East 8 Block (2010) 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2010/Hauturu%20East%208%20Block%20-Judgments%20Template-_JTK_171.pdf http://www.justice.govt.nz/courts/maori-land-court/docu...

9. RA Form 1 - Application for Review [pdf, 1.5 MB]

   ...service that relates to the decision being reviewed is: (Please tick ) Criminal 1 Family Mental Health Criminal 2 Civil Maori Land Court/Appellate Court/Waitangi Tribunal Criminal 3 Immigration/Refugee Duty Solicitor Criminal 4 Court of Appeal/Supreme Court Police Detention Legal Assistance I am asking the Authority to review the Secretary for Justice’s decision: (Please tick ) Declining my application for approval to provide one or more legal aid services or specified le...

10. [2013] NZEmpC 223 Wallace & Cooper Ltd t/a Andar Holdings v Irvine [pdf, 72 KB]

    ...stage prior to submissions on costs. In the absence of a convincing reason why the claim was not made earlier, it is now too late. [3] In deciding costs, the Court usually applies the principles arising from three leading decisions of the Court of Appeal. 2 The fundamental purpose of an award of costs is to recompense a party who has been successful in litigation for the cost of being represented in that litigation by counsel or an advocate. A useful starting point is two-third...